State v. Dilo

State of Ohio, Plaintiff-Appellee,v.Michael Dilo, Defendant-Appellant.

APPEAL
from the Franklin County Court of Common Pleas C.P.C. No.
14CR-6218

On
brief:

Ron
O'Brien, Prosecuting Attorney, and Seth L. Gilbert, for
appellee.

Jeremy
A. Roth, for appellant.

Argued:

Seth
L. Gilbert.

Jeremy
A. Roth.

DECISION

HORTON, J.

{¶
1} Defendant-appellant, Michael Dilo, appeals from
the judgment of the Franklin County Court of Common Pleas
entered after a jury found him guilty of aggravated
possession of drugs, in violation of R.C. 2925.11, and
aggravated trafficking in drugs, in violation of R.C.
2925.03. For the reasons set forth below, we affirm.

I.
FACTUAL AND PROCEDURAL BACKGROUND

{¶
2} On November 21, 2014, Dilo was indicted on one
count of aggravated possession of drugs under R.C. 2925.11
and one count of aggravated trafficking in drugs under R.C.
2925.03 for an offense that occurred on or about April 4,
2014. The indictment also alleged that Dilo had committed one
additional count each of aggravated possession and aggravated
trafficking for an offense that occurred on April 22, 2014.
All counts alleged that the drug involved was methamphetamine
and that the amount in question exceeded one hundred times
the bulk amount, as defined under R.C. 2925.01. (Nov. 21,
2014 Indictment.)

{¶
3} On March 17, 2016, Dilo was indicted in a
separate case on one count each of aggravated possession and
aggravated trafficking in methamphetamine, in an amount
alleged to equal or exceed five times but less than fifty
times the bulk amount, for an offense alleged to have
occurred on or around May 3, 2014. The indictment also
alleged two additional counts, for aggravated possession and
aggravated trafficking of methamphetamine in an amount that
exceeded one hundred times the bulk amount, for an offense
that occurred on May 4, 2014. (Mar. 17, 2016 Indictment in
Franklin C.P. No. 16CR-1499.)

{¶
4} The cases were consolidated for trial and the
prosecution dismissed the first two counts of the November
21, 2014 indictment. The remaining counts were tried before a
jury beginning on April 4, 2016. (Apr. 14, 2016 Jgmt.)

{¶
5} At trial, Shawn Wade of the Delaware County
Sheriffs Office testified first for the prosecution. Deputy
Wade was assigned to the Delaware County Drug Task Force and
had participated in a two-year investigation into the
activities of the DeJarnette drug trafficking organization.
The investigation involved utilizing informants to purchase
drugs, surveillance, traffic stops, and wiretaps to identify
the organization's supply lines and distribution
channels. Eventually, the investigation led to Columbus and
to Dilo, who appeared on the wiretaps. (Apr. 5, 2016 Tr. at
25-28, 39.)

{¶
6} Donald S. Junk of the Columbus Division of Police
also testified for the prosecution. Officer Junk was assigned
to an investigating narcotics unit and was conducting
surveillance of Dilo on the night of April 21, 2016, after
receiving information that Dilo was going to be involved in a
drug transaction at a residential house in Columbus, Ohio.
Based on a picture of Dilo that Junk had received as part of
the investigation, he identified Dilo driving a gray Pontiac
Grand Am. Dilo drove from a gas station to the house in
question, then left and drove to another gas station in
Gallipolis, Ohio. There, Dilo met with a white male in his
late 20s or early 30s with dark hair in front of the gas
station. The man got into Dilo's car and they drove back
to the residential house in Columbus, followed by a woman
driving a Silver Hyundai. After spending some time there,
Dilo and the woman left in the Pontiac and the man left in
the Hyundai. They first drove to a BP station on South High
Street near I-270 and then proceeded to another gas station
one mile away. They then continued south for another eight or
ten miles to a Speedway gas station. (Apr. 6, 2016 Tr. at
129-39.)

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;{&para;
7} Deputy Wade was receiving reports from
surveillance and actively monitoring phone calls and text
messages between Dilo and Joseph DeJarnette at the time. He
received word that another female had left the residence with
the suspects and, at some point during their travels, Dilo
and the man were in one car while being followed in the other
car by the two females. Based on the calls and texts Wade was
monitoring at the time, he believed that Dilo and his
companions were transporting "at least two or three
pounds." (Apr. 5, 2016 Tr. at 86.) Wade decided to have
the car driven by the women stopped in Circleville because he
believed that drugs were with them. However, no ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.